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2025 DAILYLAW 168908 (ALL)

DAYA RAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/12284/2024 · 2025-10-09

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12284 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicants, learned AGA and perused the record. 2. The applicants seek enlargement on bail in FIR No.433 of 2024, under Sections 85 and 80(2) BNS and Section 3/4 Dowry Prohibition Act, P.S. Chanda, District Sultanpur. 3. Learned counsel for the applicants argues that the FIR in question was lodged alleging that sister of the informant was married to son of applicant in the year 2022 and despite paying substantial dowry she was being harassed and was subsequently killed. The cause of death as per post mortem report could not be ascertained however there are six injuries on the body of the sister of the informant. The applicants who are mother in law and father in law are living separate and are in custody since 14.9.2024. The applicant no. 1 has one criminal history which is duly explained in the rejoinder affidavit. 4. Learned AGA has opposed the bail application. 5. Considering the fact that they are staying separate and there is no direct allegation against the applicants of having caused the grievous injuries as noticed in the post mortem report, however, without commenting upon the merits of the case, the applicants are entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Ved Prakash Yadav, Ramakar Shukla Counsel for Opposite Party(s) : G.A. Daya Ram And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 6. Let the applicants Daya Ram and Vindoo be released on bail in aforesaid FIR number on their furnishing personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and (c) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. October 9, 2025 J. K. Dinkar BAIL No. 12284 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench